This book is essential for: judges and lawyers seeking guidance for criminal jury trial instructions.

Current to:September 1, 2017

You know how much work is involved in a criminal jury trial—research, case law analysis, the elements of the charge. Canadian Criminal Jury Instructions (CRIMJI) puts all of the legal research that goes into a jury instruction to work for you. Guided by a cross-Canada editorial board, this authoritative resource provides you with over 150 model instructions on trial procedures, evidence, and major offences and defences. Each instruction begins with an outline of key instruction components and is heavily annotated with relevant case law along with user notes of cautions and alternatives.

With CRIMJI, you will be able to:

save time drafting criminal jury instructions and focus attention on case-specific evidence (if you are a judge)

more confidently suggest amendments or additions to a jury instruction (if you are counsel)

clearly understand the evidence required to prove a particular crime or defence

explain evidence and law relevant to your case in plain language understandable to a jury

Chapters________________________________________1. Jury InstructionsOpening Comments to the Jury PanelComments to the Jury After It Is EmpanelledComments to the Jury Before the Trial Commences

2. Instructions Given During the Course of the TrialHearsay—Conspiracy Trial—Preliminary Warning Discharge of a Juror During the TrialStatement by Co-Accused—Preliminary Warning Similar Facts—Preliminary Warning Taking a View—Preliminary Warning Children's Testimony—Use of a Screen (s. 486(2.1)) Inadmissible Character Evidence—Immediate WarningInadmissible Evidence—Immediate Warning

3. Abbreviated Final Jury Instructions

4. Introductory Instructions and Instructions on the Evidence Following the Submissions of Counsel

A. Introductory InstructionsOutline of Instructions Instructions to Be Considered as a Whole Functions of a Judge and JuryPresumption of Innocence Proof Beyond a Reasonable Doubt

B. Instructions Usually Given In Every TrialCredibility of Witnesses Number of Witnesses Production of All Evidence Not Required Direct and Circumstantial Evidence Improperly Admitted Evidence Evidence Limited to a Specific Purpose

C. Statements Made or Acts Done By the Accused Outside the CourtroomAdmission or Confession of the Accused After the Fact Conduct Other Wrongdoing by the AccusedPre-Trial Admissions of the Accused Against Interest Suggestions of Guilt to an Accused by a Witness

D. Evidence of the AccusedThe Accused as a Witness Criminal Record of the Accused Character of the Accused Co-Accused Testifying—Right to SilenceCo-Accused Testifying—Plea of GuiltyAlleged Collusive Agreement—Accused and Another Witness Testifying—Charter, s. 13

E. Use of Evidence Tendered Other Than By a WitnessAdmissions—Facts Admitted by the Accused Weighing Testimony Read Into Evidence

K. Credibility of Witnesses—CautionsCharacter of a Crown Witness Collateral Matters—Cross-Examination Criminal Record of a Witness Other Than the Accused Prior Inconsistent Statement of a Witness—Cross-ExaminationAccused's Spouse—Disclosure PrivilegeUntrustworthy Witnesses—Accomplice—Vetrovec Warning

8. DefencesAccident or Lack of Intent Alibi Automatism Compulsion (s. 17) Defence of Property (s. 35)Defence of House or Real Property (s. 41 Repealed) Duress Unfit to Stand Trial on Account of Mental Disorder (ss. 672.22 to 672.32)Mental Disorder at the Time of the Offence (ss. 16, 614)Intoxication—Alcohol/Drugs Justification for the Use of Force (s. 25) Mistake of Fact—Honest Belief Necessity Provocation (s. 232) (offences before July 17, 2015)Provocation (s. 232) (offences on or after July 17, 2015)Self-Defence and Defence of Others (s. 34)Self-Defence (s. 34 Repealed) Self-Defence (s. 35 Repealed) Self-Defence and Defence of Others (s. 37 Repealed)

9. Closing RemarksSummary of the Positions of the Crown and the DefenceVerdict List of Possible Verdicts Verdict Sheet Duty of the Jury to Deliberate Together Unanimity Further Instructions on the Law Further Instructions on the Evidence

10. Post-Charge InstructionsExhortation to a Hung Jury Failure of the Accused to TestifyRequest for Further Instructions on the Law, a Rehearing of the Evidence, or a Rehearing of Counsel's Submissions Sentencing Recommendation of the Jury (ss. 745.2, 745.3) Thanks to the Jury

11. Parole Ineligibility—Judicial ReviewOpening Comments to the Jury Panel (s. 745.6) Comments to the Jury After It Is Empanelled (s. 745.6) Opening Comments to the Jury Before theHearing Commences (s. 745.6) Final Instructions to the Jury (s. 745.6) Questions for the Jury (s. 745.6)

The authors gratefully acknowledge their indebtedness to Mr. Justice John C. Bouck of the Supreme Court of British Columbia who was the founder and a co-author of CRIMJI from 1987 to 2004, and to Madam Justice Elizabeth Bennett of the British Columbia Court of Appeal who was a co-author of CRIMJI from 2005 to 2014.